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(영문) 서울동부지방법원 2017.07.07 2017나324
관리비
Text

1. Of the judgment of the court of first instance, the part against the defendant exceeding the amount ordered to be paid below shall be revoked.

Reasons

1. Facts of recognition;

A. The plaintiff (the trade name at the time was C Co., Ltd., and the trade name was changed to D Co., Ltd., but March 22, 1999) obtained permission for opening a superstore (market) from the head of Songpa-gu Office with respect to A located in Songpa-gu Seoul on December 14, 1973

[Plaintiffs] The former Market Act (wholly amended by Act No. 3537, Dec. 31, 1981; hereinafter “former Market Act”) on December 14, 1973

(3) The former Wholesale and Retail Business Promotion Act (hereinafter “former Wholesale and Retail Business Promotion Act”) enacted and promulgated on December 31, 1986 and enforced on July 1, 1987 after obtaining a market establishment permit pursuant to Article 4 (hereinafter “former Wholesale and Retail Business Promotion Act”).

() Pursuant to Article 3(1) of the Addenda, a permit for market establishment under the above Act was deemed to have been granted, and thereafter, it appears that the registration of market establishment under the above Act was made pursuant to Article 3(1) of the Addenda of the former Distribution Industry Development Act, which was enacted and promulgated by Act No. 5327, Apr. 10, 1997, and came into force on July 1, 1997.

From 1973 to 1973, the Plaintiff maintained and managed A as a superstore operator, and has collected management fees from sectional owners and lessees in A for a period of up to 40 years.

C. The defendant is the owner of the store 1, 2, 3, and 4 located on the first floor among the commercial buildings of the second floor in A, and is the same as the entry in the column for the aggregate of the unpaid management expenses and late payment charges under the following table.

The 1,000 from April to May 2011, 200, Songpa-gu Seoul Metropolitan Government 1, 2, 30,000 to April 201, 2013.21,050,005, 1,155,001 to January 2, 2001 to May 510, 2016 to May 510, 2000 to 510,000 51,000 51,000 561,005,001 to 3,4, 30,000,000 to May 1, 2014 to 750, 750,000,000 to 25,000,000,30,301,000,30,010,030, 301, 40,50

(d) A Management Committee shall obtain a written consent from at least 2/3 of shop occupants at A around June 17, 2016 to the Songpa-gu Office with a superstore manager’s consent (change) under Article 12 of the Distribution Industry Development Act.

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